Developments in Litigation Economics

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Author :
Publisher : Emerald Group Publishing
ISBN 13 : 9780762312702
Total Pages : 325 pages
Book Rating : 4.3/5 (127 download)

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Book Synopsis Developments in Litigation Economics by : Patrick A. Gaughan

Download or read book Developments in Litigation Economics written by Patrick A. Gaughan and published by Emerald Group Publishing. This book was released on 2005 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a collection of articles on developments in the field of litigation economics, also called forensic economics. This book spans the popular areas of litigation economics - personal-injury economic loss analysis, commercial damages analysis securities litigation, punitive damages, employment litigation, and intellectual property litigation.

New Trends in Financing Civil Litigation in Europe

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849808961
Total Pages : 221 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis New Trends in Financing Civil Litigation in Europe by : Mark Tuil

Download or read book New Trends in Financing Civil Litigation in Europe written by Mark Tuil and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.

Regulation Versus Litigation

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Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler

Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

New Developments in Competition Law and Economics

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Publisher :
ISBN 13 : 9783030116125
Total Pages : 355 pages
Book Rating : 4.1/5 (161 download)

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Book Synopsis New Developments in Competition Law and Economics by : Klaus Mathis (Dr. iur.)

Download or read book New Developments in Competition Law and Economics written by Klaus Mathis (Dr. iur.) and published by . This book was released on 2019 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically. --

Law and Development

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784718211
Total Pages : 264 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Law and Development by : Frank H. Stephen

Download or read book Law and Development written by Frank H. Stephen and published by Edward Elgar Publishing. This book was released on 2018 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the analytical framework of New Institutional Economics (NIE) to critically examine the role which law and the legal system play in economic development. Analytical concepts from NIE are used to assess policies which have been supported by multilateral development organisations including securing private property rights, reform of the legal system and financial development. The importance of culture in shaping the legal environment, which in turn influences financial sector development, is also assessed using Oliver Williamson’s ‘levels of social analysis’ framework.

Breaking the Litigation Habit

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Publisher :
ISBN 13 :
Total Pages : 82 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Breaking the Litigation Habit by : Committee for Economic Development

Download or read book Breaking the Litigation Habit written by Committee for Economic Development and published by . This book was released on 2000 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Legal Theory of Economic Power

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857931873
Total Pages : 238 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis A Legal Theory of Economic Power by : Calixto Salomão Filho

Download or read book A Legal Theory of Economic Power written by Calixto Salomão Filho and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book Calixto Salomao Filho builds a strong case for why economic power cannot be considered a mere market phenomenon. Taking the forgotten realities and effects of these power structures into account, his comprehensive legal analysis persuasively argues the need for a new theory of economic power. The book begins with a discussion of the insufficiency of antitrust concepts and instruments. The author provides an economic history of monopolistic colonial systems and its effect on the development process, and offers an alternate paradigm of legal structuralism and social organization. He goes on to explore the creation of economic power structures with a cogent discussion of market power, legal structures and the dominance of common pool resources. An examination of the dynamics and behavior of power structures follows, with particular attention paid to exclusion and collusion, legal monopolies and the exploitation of natural resources. The author shows clearly how the negative effects of economic power structures directly impact the social and economic development of societies. This new legal theory, with its basis in the realities of economic structures, will prove a powerful alternative to the traditional market rationality paradigm. As such it will be of great interest to students and scholars of law and economics, development and antitrust.

Lawsuits in a Market Economy

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Publisher : University of Chicago Press
ISBN 13 : 022654642X
Total Pages : 145 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Lawsuits in a Market Economy by : Stephen C. Yeazell

Download or read book Lawsuits in a Market Economy written by Stephen C. Yeazell and published by University of Chicago Press. This book was released on 2018-05-04 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country’s problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.

Trends in Climate Change Legislation

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786435780
Total Pages : 231 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Trends in Climate Change Legislation by : Alina Averchenkova

Download or read book Trends in Climate Change Legislation written by Alina Averchenkova and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.

Law & Capitalism

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Publisher : University of Chicago Press
ISBN 13 : 0226525295
Total Pages : 281 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Law & Capitalism by : Curtis J. Milhaupt

Download or read book Law & Capitalism written by Curtis J. Milhaupt and published by University of Chicago Press. This book was released on 2008-09-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.

The New Law and Economic Development

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Publisher : Cambridge University Press
ISBN 13 : 1139458663
Total Pages : 301 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The New Law and Economic Development by : David M. Trubek

Download or read book The New Law and Economic Development written by David M. Trubek and published by Cambridge University Press. This book was released on 2006-08-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Law, Economics and Evolutionary Theory

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849808988
Total Pages : 385 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Law, Economics and Evolutionary Theory by : Peer Zumbansen

Download or read book Law, Economics and Evolutionary Theory written by Peer Zumbansen and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature. Amir N. Licht, Radzyner School of Law, Israel Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives. Stefan Voigt, University of Hamburg, Germany Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics such as institutions , institutional change and market failure that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of law and economics by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.

Under Cover of Science

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Publisher : Duke University Press
ISBN 13 : 9780822339984
Total Pages : 268 pages
Book Rating : 4.3/5 (399 download)

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Book Synopsis Under Cover of Science by : James R. Hackney

Download or read book Under Cover of Science written by James R. Hackney and published by Duke University Press. This book was released on 2007-03-28 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA critique of the Law & Economics movement, this book draws connections between conceptions of science and efforts at legitimating American legal theory as an objective enterprise./div

Forensic Economics

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Publisher : Springer
ISBN 13 : 1137563923
Total Pages : 331 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Forensic Economics by : Frank D. Tinari

Download or read book Forensic Economics written by Frank D. Tinari and published by Springer. This book was released on 2016-12-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.

Law and Economics

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Publisher : Academic Press
ISBN 13 : 148329725X
Total Pages : 434 pages
Book Rating : 4.4/5 (832 download)

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Book Synopsis Law and Economics by : Werner Z. Hirsch

Download or read book Law and Economics written by Werner Z. Hirsch and published by Academic Press. This book was released on 2014-06-28 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition takes into account the major developments in economics and jurisprudence that have occurred since the publication of the first edition. A new chapter has been added on anti-discrimination law and such topics as adverse possession, rent control, medical malpractice, product reliability, and defense against criminal prosecution have been reexamined in the light of new theoretical developments and case studies. Environmental law and a careful comparison of alternative methods to control the environment are included.

Antitrust Economics for Lawyers

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Author :
Publisher :
ISBN 13 : 9781663319302
Total Pages : pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Antitrust Economics for Lawyers by :

Download or read book Antitrust Economics for Lawyers written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook of Law and Economics

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Author :
Publisher : Elsevier
ISBN 13 : 0444512357
Total Pages : 887 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis Handbook of Law and Economics by : A. Mitchell Polinsky

Download or read book Handbook of Law and Economics written by A. Mitchell Polinsky and published by Elsevier. This book was released on 2007-11-21 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. Our hope is that this two volume Handbook will foster the study of the legal system by economists. *The two volumes form a comprehensive and accessible survey of the current state of the field. *Chapters prepared by leading specialists of the area. *Summarizes received results as well as new developments.